The Influence of Human Rights and Basic Rights in Private Law
The Influence of Human Rights and Basic Rights in Private Law

Author: Verica Trstenjak

Publisher: Springer

Published: 2015-12-16

Total Pages: 596

ISBN-13: 3319253379

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This book provides a comparative perspective on one of the most intriguing developments in law: the influence of basic rights and human rights in private law. It analyzes the application of basic rights and human rights, which are traditionally understood as public law rights, in private law, and discusses the related spillover effects and changing perspectives in legal doctrine and practice. It provides examples where basic rights and human rights influence judicial reasoning and lead to changes of legislation in contract law, tort law, property law, family law, and copyright law. Providing both context and background analysis for any critical examination of the horizontal effect of fundamental rights in private law, the book contributes to the current debate on an important issue that deserves the attention of legal practitioners, scholars, judges and others involved in the developments in a variety of the world’s jurisdictions. This book is based on the General Report and national reports commissioned by the International Academy of Comparative Law and written for the XIXth International Congress of Comparative Law in Vienna, Austria, in the summer of 2014.

The Impact of the UK Human Rights Act on Private Law
The Impact of the UK Human Rights Act on Private Law

Author: David Hoffman

Publisher: Cambridge University Press

Published: 2011-10-13

Total Pages: 443

ISBN-13: 1139503200

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.

Private Law and Human Rights
Private Law and Human Rights

Author: Daniel Visser

Publisher: Edinburgh University Press

Published: 2013-07-31

Total Pages: 577

ISBN-13: 0748684190

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A comparative investigation into the revolution in private law in the era of human rightsScotland and South Africa are mixed jurisdictions, combining features of common law and civil law traditions. Over the last decade a shared feature in both Scotland

Private Law
Private Law

Author: Kit Barker

Publisher: Cambridge University Press

Published: 2013-12-05

Total Pages: 387

ISBN-13: 1107039118

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An examination of contemporary encounters between public law and private law from both theoretical and practical perspectives.

Rights and Private Law
Rights and Private Law

Author: Donal Nolan

Publisher: Bloomsbury Publishing

Published: 2011-12-02

Total Pages: 582

ISBN-13: 1847317898

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In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.

The Impact of the European Convention on Human Rights on Private International Law
The Impact of the European Convention on Human Rights on Private International Law

Author: Louwrens R. Kiestra

Publisher: Springer

Published: 2014-09-11

Total Pages: 335

ISBN-13: 9462650322

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In this book the interaction between the rights guaranteed in the European Convention of Human Rights (ECHR) and private international law has been analysed by examining the case law of the European Court of Human Rights (the Court) and selected national courts. In doing so the book focuses on the impact of the ECHR on the three main issues of private international law: jurisdiction, applicable law and the recognition and enforcement of foreign judgments. Next to a list of cases consulted and a comprehensive bibliography, the book offers brief introductions to PIL and the ECHR for readers who are less familiar with either of the topics. This makes the book not only a valuable tool for specialists and practitioners in the fields covered, but at the same time a well-documented basis for students and starting researchers specializing in either or both directions.

Human Rights in Private Law
Human Rights in Private Law

Author: Dan Friedmann

Publisher: Hart Publishing

Published: 2001

Total Pages: 416

ISBN-13: 1841132136

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In this book the expansion of human right legislation in national and international law is examined from theoretical and comparative perspectives.

Human Rights and Private International Law
Human Rights and Private International Law

Author: J. J. Fawcett

Publisher: Oxford Private International L

Published: 2016

Total Pages: 0

ISBN-13: 9780199666409

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1: Introduction 2: Human rights, private international law, and their interaction 3: The right to a fair trial 4: The right to a fair trial and jurisdiction under the EU rules 5: The right to a fair trial and recognition and enforcement of foreign judgments under the EU rules 6: The right to a fair trial and jurisdiction under national rules 7: The right to a fair trial and enforcement and recognition of foreign judgments under the traditional English rules 8: The right to a fair trial and private international law: Concluding remarks 9: The prohibition of discrimination and private international law 10: Freedom of expression and the right to respect for private life: International defamation and invasion of privacy 11: The right to marry, the right to respect for family life, the prohibition on discrimination and international marriage 12: Religious rights and recognition of marriage and extra-judicial divorce 13: Right to respect for family life and the rights of the child: International Child Abduction 14: Right to respect for private and family life and related rights: Parental status 15: The right to property, foreign judgments, and cross-border property disputes 16: Overall conclusions.

The Turning Point in Private Law
The Turning Point in Private Law

Author: Ugo Mattei

Publisher: Edward Elgar Publishing

Published: 2018-10-26

Total Pages: 262

ISBN-13: 1786435187

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Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.

Tort Law and Human Rights
Tort Law and Human Rights

Author: Jane Wright

Publisher: Bloomsbury Publishing

Published: 2017-02-23

Total Pages: 347

ISBN-13: 1509913173

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This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy – From Misuse of Private Information to Autonomy.'